The URL can be used to link to this page

Home My WebLink About06-2970 .. Johnson, Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No. 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com Solicitors for Condemnor IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6~..- 2A'76 WII EMINENT DOMAIN PROCEEDING- IN REM DECLARATION OF TAKING (FEE SIMPLE) Cumberland Valley School District, pursuant to the Pennsylvania Eminent Domain Code ("Eminent Domain Code"), Act of June 22, 1964, Spec. Sess., P.L. 84, as amended, 25 P.S. ~~ 1-101 et seq., hereby declares: 1. The condemnor is Cumberland Valley School District ("School District"), a school district organized and existing under the laws of the Commonwealth of Pennsylvania. 2. The School District's address is 6746 Carlisle Pike, Mechanicsburg, Pennsylvania. 3. This condemnation is authorized by ~ 7.703 and ~ 7-721 of the Public School Code of 1949, Act of March 10, 1949, P. L. 30, Art. I, as amended, 24 P.S. ~~ 1-101, et seq. 4. This Declaration of Taking is authorized by a Resolution of the Board of School Directors of the School District ("Board"), which was approved by a majority of the Board at a special public meeting held on March 6, 2006. A copy of the Resolution is attached hereto, made a part hereof, and marked Exhibit "A". A copy of the public record in this matter may be examined at the business office of the School District Administration Building, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania, during regular business hours. 5. The School District has determined that it is necessary to construct a new elementary school building and related facilities to provide sufficient and adequate facilities for the education of students residing within the district. 6. The purpose of the condemnation is to acquire a fee simple interest in land measuring 3,900 square feet for the expansion of the existing public rights-of-way of Wertzville Road and Lambs Gap Road, to facilitate the improvement of Wertzville Road and lambs Gap Road as required by Penn DOT and Hampden Township as part of municipal approval of the elementary school construction. 7. The property being condemned is a portion of a parcel of land located in Hampden Township, Cumberland County, Pennsylvania, described in a deed dated July 1, 2003, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 257, Page 5012 ("Entire Property"). The record owner of the Entire Property is The McNaughton Company, a Pennsylvania corporation. 8. The School District hereby appropriates and condemns, for the purposes set forth in Paragraph 6 above, that portion of the Entire Property measuring 3,900 square feet, described in the legal description and shown on the plat attached collectively hereto as Exhibit "B" ("Condemned Property"). 9. Notice of this condemnation, to which are attached a legal description and a plat showing the Condemned Property, is being filed of record in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, as of the same date as the filing of this Declaration of Taking, in accordance with Section 1-404 of the Eminent Domain Code. 10. A plan made for the use of a Board of View may be inspected at the School District Administration Building, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania, during regular business hours. 11. The School District, by filing this action, does not waive, and hereby expressly reserves, all rights it may have to assert any claims due to known or unknown environmental conditions on or adjacent to the Condemned Property or the Entire Property, including without limitation, rights under common law, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. ~ 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C ~ 6901, et seq., the Clean Water Act, 33 U.S.C. ~ 465, et seq., the Pennsylvania Storage Tank and Spill Prevention Act, 35, P.S. ~ 6201.101 et seq., the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. ~ 6019.101, et seq., and the Pennsylvania Clean Streams Law, 35 P.S. ~ 631.1, et seq. 12. Just compensation for the appropriation of the Condemned Property is secured by the taxing power of the School District. JOHNSON, DUFFIE, STEWART & WEIDNER r R. D , Esquire orney I.D. No. 09601 01 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District :275768 VERIFICATION I, Karen Y. Christie, President of the Board of School Directors of Cumberland Valley School District have read the foregoing Declaration of Taking and hereby affirm and verify that, to the best of my knowledge, information and belief, all the statements made therein are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. DATE: $-fl~ -00 tJ Karen Y. Christie, P sident Board of School Di ctOfS f f-l b';t {r CUMBERLAND VALLEY SCHOOL DISTRICT RESOLUTION NO. 2006. 01 A RESOLUTION OF THE BOARD OF SCHOOL DIRECTORS OF THE CUMBERLAND VALLEY SCHOOL DISTRICT AUTHORIZING THE SELECTION, CONDEMNATION AND APPROPRIATION OF CERTAIN LAND SITUATE IN THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA, FOR PUBLIC SCHOOL PURPOSES, TO INCLUDE THE IMPROVEMENT OF PUBLIC ROADWAYS AS REQUIRED FOR MUNICIPAL AND COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPROVALS FOR THE CONSTRUCTION OF THE NEW SHAULL ELEMENTARY SCHOOL, AND AUTHORIZING THE FILING OF A DECLARATION OR DECLARATIONS OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF. WHEREAS, the Cumberland Valley School District ("School District") has proposed the construction of a new Shaull Elementary School, a public school facility, to be constructed on vacant land owned by the School District on the north side of Wertzville Road, Hampden Township, Cumberland County, Pennsylvania; and WHEREAS, it is necessary that the School District acquire and secure certain lands in Hampden Township for the purpose of making certain roadway improvements, including but not limited to the the re-grading of Wertzville Road and the widening and signalization of the Wertzville Road I Lambs Gap Road intersection, as required by Hampden Township and the Commonwealth of Pennsylvania, Department of Transportation, as a condition of approval of the land development plans for the construction of the school; and WHEREAS, the School District has determined a need to acquire certain land owned by The McNaughton Company, being part of the parcel described in the deed to The McNaughton Company dated July 1, 2003 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 257, Page 5012, which will accommodate the construction of the roadway improvements and facilitate the construction of the school building as described above, which said land, containing 3,900 square feet, is shown on Exhibit "A', attached hereto and made part hereof; and WHEREAS, the School District has attempted but has thus far been unsuccessful in negotiating the acquisition of the land from said owner; and WHEREAS, in accordance with Article VII, Section 721 et seq. of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended (53 P.S. ~~7-721 at saq.), the School District is authorized to acquire and secure fee simple title in and to said land for school purposes pursuant to eminent domain proceedings. NOW, THEREFORE, on motion duly made, seconded and passed on a roll call vote by the Board of School Directors of the Cumberland Valley School District, be and it is hereby RESOLVED: Section 1: This School District hereby selects, condemns and appropriates the fee simple interest of certain lands of The McNaughton Company situate in Hampden Township, Cumberland County, Pennsylvania, being part of the parcel described in the deed to The McNaughton Company dated July 1, 2003 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 257, Page 5012, containing in total 3,900 square feet as shown on Exhibit A. Section 2: The Board of School Directors of the Cumberland Valley School District and its proper officers are hereby authorized to file such Declaration of Taking and such other papers, documents or proceedings and to perform other actions necessary and requisite to carry out the purposes of this Resolution, and said officers and the School District's employees are authorized and empowered to enter upon the land to be taken, condemned and appropriated in order to make studies, surveys, tests, soundings and appraisals, and to develop, construct, operate and maintain the public school facility thereof. Section 3: The institution of such proceedings, inclUding the entry of such bond as may be required, and any other damages which may be awarded to the owners of the land shall be paid from such funds which may become available and from time to time appropriated by the School District through its Board of School Directors for such purposes. DULY ADOPTED this 6th day of March , 2006, by the Board of School Directors of the Cumberland Valley School District in lawful session duly assembled. CUMBERLAND VALLEY SCHOOL 01 TRICT By: Karen Y. Christie, Board of School ATTEST: ~~~ Michael Dieffenb eli, Secretary Board of School Directors (SEAL) :270461 EXHIBIT A PLAN OF LAND TO BE ACQUIRED n[J(l8 ts:~..~ m ~&~ =;:;I;l ~i~~ I:m",~ -Silo 8. . ~\iS: "'~ ~ ~~~~8 ....""t:it1 OlJ'l m< "' -.-dlo(Jl 8~>J~ =i ....~ -< l!:!!!:j~ @;:;~'l! -< ---~ !S!'l~~ S~~:i o is '" o Ii' "'... "0 :I! (') lJ) n " ~g "" ... C? '< 7\ ~ :! l> "1l S:S:CCC U1U1I\)-~ ... ~~~~~ i<88\!i!'i "' (Jl ~!:eY!~0I ~'l'l~m ul--,." -..q..qq,;! !!!U;:;~ i,,;mI: jO\~'€.~ ~ ,0:::--- -' --- - ~t\ t,i.. i~ i~ e ~~ ~i:l .... "18 ... o .. " o DER.CK.&~}?~!?~ LEGAl EXHBIT '02' SCALe:l...40'..~o-' DATE: :I/1312~ DWO BY: AJ5 1IROJf: 04123 SHAULL ELEMENTARY SCHOOL ~- OOI._.__~ ..~......"::.:..~===:-- RIf.5t&T t: 'DH SPEC SECT PAIN: EJII.G-02 '. f~~;h;T E LEGAL DESCRIPTION CUMBERLAND VALLEY SCHOOL DISTRICT MCNAUGHTON CO. PROPERTY - NORTHWEST CORNER OF INTERSECTION OF WERTZVILLE ROAD AND LAMBS GAP ROAD (1) REQUIRED TOWNSHIP RIGHT OF WAY All that certain tract, piece or lot SITUATE on the northwest comer of the intersection of Wertzville Road (SR 0944) and Lambs Gap Road (SR 10 II) as shown on "Legal Exhibit 02 for SHAULL ELEMENTARY SCHOOL" prepared by Derck & Edson Associates, LLP, dated March 13, 2006, and as shown on a plan known as the Preliminary I Final Land Development Plan for Shaull Elementary School as prepared by Derck & Edson Associates, LLP, Drawing No. 04123 dated November 8,2005 and last revised January 20, 2006 and being more fully bounded and described as follows: BEGINNING at a point along the Wertzville Road right-of-way line; thence along said right-of-way line ofWertzville Road the following courses and distances: South 79 degrees 40 minutes 12 seconds West a distance of27.26 feet; South 10 degrees 19 minutes 48 seconds East a distance of 5.00 feet; South 79 degrees 40 minutes 12 seconds West a distance of57.61 feet; Thence along the lands ofn/fMcNaughton Co. on a curve to the left having a radius of 57.96 feet on a central angle of 106 degrees 24 minutes 37 seconds with an arc length of 107.65 feet, tangent of77.50 feet, and a chord bearing North 19 degrees 22 minutes 50 seconds East a distance of 92.83 feet to a point; thence along the right-of-way of Lambs Gap Road South 37 degrees 31 minutes 23 seconds East a distance of 85.03 feet to the point and place of BEGINNING. CONTAINING: 1,874 square feet (0.043 acres) '. McNaughton Co. propertyp. 2 (2) PENNDOll' DEDICATION All that certain tract, piece or lot SITUATE on the north side ofWertzville Road (SR .0944) as shown on "Legal Exhibit 02 for SHAULL ELEMENTARY SCHOOL" prepared by Derck & Edson Associates, LLP, dated March 13, 2006, and as shown on a plan known as the Preliminary / Final Land Development Plan for Shaull Elementary School as prepared by Derek & Edson Associates, LLP, Drawing No. 04123 dated November 8,2005 and last revised January 20,2006 and being more fully bounded and described as follows: BEGINNING at a point on the Wertzville Road right-of-way line; thence along the westem property boundary of nlf McNaughton Co. property North 16 degrees 31 minutes 51 seconds West a distance of 20.16 feet to a point; thence along a curve to the left having a radius of5,684.65 feet on a central angle of 01 degrees 01 minutes 50 seconds with an arc length of 102.24 feet, tangent of 51.12 feet, and a chord bearing North 80 degrees 12 minutes 19 seconds East, a distance of 102.24 feet to a point; thence South 10 degrees 19 minutes 48 seconds East a distance of 20.00 feet to a point along the Wertzville Road right-of-way line; thence along a curve to the right having a radius of 5,706.60 feet, a central angle of 01 degrees 00 minutes 17 seconds with an arc length of 100.07 feet, tangent of 50.Q3 feet, and a chord bearing South 80 degrees 11 minutes 33 seconds West a distance of 100.06 feet to the point and place of BEGINNING. CONTAINING 2,026 square feet (0.047 acres) DEReK & EDSON ASSOCIATES, LLP LANDSCAPE ARCHITECTS - LAND PLANNERS - ENGINEERS 33 SOUTH BROAD STREET LITITZ, PENNSYLVANIA 17543 March 13, 2006 P:\2004'1l4l23.ShauU Elemental)' SchooJIProject AdministrationlMisc\Lega1lJescriptions\060313 LEGAL DESCRJPTlONS McNAUGIITON PROPERTY.doc 7' m -< ::l :l> "ll Qg~~ "' ~p =13 >:~~S Sll.sc ~~~ ~~!:C2 11IU11\)-1Tl ~f~g8 "'. ,,~'" o~ Ul< m --dlc'" ~2oJJ!! -........ i~lP,.. t5~~~Gi ~"8~~r "0 " _ z m '" zU'Ill'l !{l... -q-...~ :;-~..\l -::...q~q.;o "ol88;;z >:mmili\ ~O~ -" - --- ~t\ \~h \~ ~ :>- ~g 8 .. .. .. .. ~~ ~l:l ..... =12 .... Ii o o '" o li\ "'.. ~o I: ?i -;. .. q q .- o DEllCK&~}?~!?,~ LEGAL EXHIlIT "02" SCAJ.!:!"-40'.-O. DATt 3/1312OOb DWG IV: AJS PROJt.: 04123 -~ CII4._.~~ -........-- ..-...........--..........,... SHAULL ELEMENTARY SCHOOL REF.5tEETf: "RIa ftC SECT P.....t: EN..G-Q2 '- 5 11 t:> f ~ ~j N ~ ~;(~ 2~ 0"l~ - :f:- ()\ r ~ ~ c- .o\) -..l ~ ~ ~ l\- v., '!-> () ~ . (") ....., c g Q CT" '. ;30"" :=r.:: .-{ -;.;."" ::T::o _..... n1r:- ", ~~~ ~ W -)\ "-~Cl :q ~ ~. ~:f~ (') 0..J (jin -4 d'n 0'\ ~ ..~\ ,-< Johnson. Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No. 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CJ~-Z t:t1o CIV~L rBeIVl EMINENT DOMAIN PROCEEDING- IN REM MEMORANDUM OF FILING OF NOTICE OF CONDEMNATION TO THE PROTHONOTARY: Notice of the above-captioned condemnation is recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in IHISC Book 12 T ,Page 17/g . :275801 ~ JOHNSON, DUFFIE, STEWART & WEIDNER R. Duff., squire A mey I.D. No. 09601 1 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Soli~itor for Cumberland Valley School District C) ~~-~ .. '''!- :TJ .-1 i'i~2 f,:-J I r-..) -;-J <:...) ;.:J ~~ -< r,) f'< ~ '" Johnson, Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No. 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com Solicitors for Condemnor IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Df., - !),Q70 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PROOF OF SERVICE AND NOW, this Cj n day of June, 2006, the undersigned does certify that he did, on May 24, 2006 at 3:30 p.m., hand deliver to Richard D. Leigh, Esquire, McNees, Wallace & Nurick, 100 Pine Street, Harrisburg, Pennsylvania 17101, a copy of the Notice of Condemnation in the above captioned case, who is authorized to and did accept service of same on behalf of Condemnee. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ Robert M. Walker, Esquire Attorney 1.0. No. 86340 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District :275803 .. . Johnson, Duffie, Stewart & Weidner By: Jerry R. Duffie, Esquire 1.0. No. 09601 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrd@jdsw.com Solicitors for Condemnor IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES IN THE COURT OF COMMON PLEAS OF CUMBER~ND COUNTY, PENNSYLVANIA NO. 06-2970 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM ACCEPTANCE OF SERVICE I, Richard D. Leigh, hereby accept service of the Notice of Condemnation in the above captioned case. I certify that McNees, Wallace & Nurick is counsel to the above referenced Condemnee and as such, I am authorized to accept service of said Notice. ~h&-,J Date: May!!:t:.. 2006 :275802 r-..:> C~:':;) '......,; A" N -0 0) f''''':: .. Johnson, Duffie, Stewart & Weidner By: Robert M. Walker, Esquire 1.0. No. 86340 301 Market Street P. O. Box 109 Lemoyne. Pennsylvania 17043-0109 (717) 761-4540 rmw@jdsw.com IN RE: CONDEMNATION BY CUMBERLAND VALLEY SCHOOL DISTRICT OF CERTAIN LAND KNOWN TO BE THE PROPERTY OF THE MCNAUGHTON COMPANY FOR PUBLIC SCHOOL PURPOSES Solicitors for Condemnor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2970 CIVIL TERM EMINENT DOMAIN PROCEEDING- IN REM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinue this action. Respectfully submitted JOHNSON, DUFFIE, STE By: Robert M. Iker Esquir Attorney 1.0. No. 86340 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Telephone (717) 761-4540 Solicitor for Cumberland Valley School District . CERTIFICATE OF SERVICE M AND NOW, this ...::t:- day of August, 2006, the undersigned does hereby certify that he served a true and correct copy of this Praecipe to Discontinue upon counsel for Condemnee, The McNaughton Company by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania addressed as follows: Richard D. Leigh, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17101 :280838 ~ ~ a 'If. ~. 'i ?: f\'\~ ~W; ~ 'Z,:p I ~ 'h.c,". c:P ~~. {J'l,!'d . _J(, ~':." ..-0 .-:;C _ "" ~- c;. -- ~\ :;;:"', t".::> z. fp"i ;.., ~ :1. 0'